Filing for Deferred Action

VENTRESCA & VENTRESCA, LLP
Attorneys at Law
Main Office
:5500 Brooktree Road, Suite 101
Wexford, PA 15090
Ph: 724.940.5901 Fax: 724.940.5904
www.immlawventresca.com

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Satellite Office Founding Partners
780 5th Ave. S., Suite 200 Kenneth M. Ventresca, Esq., Managing Partner,
Naples, FL 34102 Admitted to practice in PA and FL
Ph: 239.261.9117 Fax: 239.261.9131 Lisa M. Ventresca, Esq., Admitted to practice in PA

 

 

I am interested in filing for Deferred Action

 

Deferred Action is a discretionary determination to defer removal action of an individual. Deferred Action does NOT confer lawful status, lawful permanent resident status or a path to citizenship upon an individual. You will continue to accrue unlawful presence while the request for consideration of deferred action is pending, unless you are less than 18 years old at the time of the request. If you are under 18 years old at the time you submit your request but turn 18 while your request is pending with USCIS, you will not accrue unlawful presence while the request pending. If your case is deferred, you will not accrue unlawful presence during the period of deferred action. Having action deferred on your case will not excuse previously accrued unlawful presence.

The fact that you are not accruing unlawful presence does not change whether you are in lawful status while you remain in the United States. Since you lack lawful status at the time defers action in your case you still remain subject to all legal restrictions and prohibitions on individuals in unlawful status.
Deferred Action is available to an individual who meets the following criteria:

 

  1. Was under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching his/her 16th birthday;
  3. Has continuously resided in the United States since June 15, 2007, up to the present time;
  4. Was physically present in the United States on June 15, 2012, and at the time of making his/her request for consideration of deferred action with USCIS;
  5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
  6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.

Please be advised that Deferred Action filings will be reviewed on a case-by-case basis and not every young immigrant will qualify. Individuals who are found to be ineligible due to criminal history, fraud in the filing, or because they represent a danger to the community may be subject to removal or other immigration enforcement.


Deferred Action does NOT cover your immediate relatives unless they independently satisfy the guidelines on their own.


If you are interested in proceeding with the filing of Deferred Action please email us at [email protected]. Our firm will timely send you a commencement package detailing instructions for proceeding. Thank you.